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1 <br />m <br />e. Post Closure. During the term of this Contract, the Contractor shall perform any and all <br />necessary post -closure care for the closed portion of the Segment I and Segment II Class I <br />Landfills which is required by applicable laws, regulations and ordinances of the State of <br />Florida or any other regulatory body or by the permit as it exists at the time of this <br />Contract. Notwithstanding the foregoing, the Contractor is not responsible for the <br />establishment of a post -closure escrow fund or the posting of a post -closure bond, which <br />remain the full responsibility of County. <br />f. Changes in Regulations. In the event that compliance with subsequent statutes, <br />ordinances with subsequent statutes, ordinances, and/or rules and regulations increases <br />the Contractor's operating costs, the parties hereto agree to renegotiate the fee structure of <br />this Contract so the fee charged by the Contractor herein shall reflect such changes and <br />increased costs. As used in this paragraph the term cost shall include those items defined <br />as "costs" in paragraph f. of Article 15, but shall not include overhead items listed in <br />paragraph g. of Article 15 or profit. The Contractor shall demonstrate, with the submittal <br />of cost data, that regulatory changes have increased costs. In the event of Acts of God or <br />other events beyond the reasonable control of the parties, which increase the Contractor's <br />operating costs, the parties agree to enter into good faith negotiations concerning <br />renegotiation of the fees payable and other applicable provisions of this Contract. Should <br />the parties fail to agree after good faith negotiations on an increase in fees to the <br />Contractor, the Contractor may terminate the Contract on 90 -days written notice. <br />In addition to any negotiated adjustment, the Contractor shall be entitled to an automatic <br />increase in the amounts charged to County equal to the amount of any fee, surcharge, <br />duty, tax or other similar changes (but excluding fines and penalties directly attributable <br />to Contractor) imposed by the federal government, any agency thereof, or by any local <br />governmental agency which is directed to or assessed against the Contractor, and which is <br />payable solely by reason of the nature of the operations conducted by the Contractor. <br />Representations and Warranties of County. County hereby warrants, represents and <br />covenants that: <br />g. <br />(1) As of the date of the execution of this Contract, County is duly authorized and <br />empowered, subject to the approval of its Board of Commissioners (the <br />"Commissioners") to own the real estate underlying the landfills and to seek such <br />permits as may be necessary to utilize the same as a sanitary landfill and is further <br />authorized and empowered to enter into and fully perform this Contract according <br />to its terms. The County further warrants that the Contractor, by observing and <br />keeping the covenants of this Contract on its part to be kept, shall occupy and <br />operate the landfills as an independent Contractor during the term hereof without <br />interference by County or others except as may be lawfully required by higher <br />governmental authority or as otherwise provided herein; and <br />(2) As of the date of the execution of this Contract, there is no known decree, <br />judgment or administrative order of any kind threatened or in existence enjoining <br />or restraining the County from taking any action required under this Contract; and <br />GC -21 <br />400036109-30-97 <br />